PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            13 February 2003
	DOCKET NUMBER:   AR2002078375

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mr. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Ms. Gail J. Wire		Member	
	Mr. Robert J. Osborn		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
            records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that he be awarded the Combat Infantryman Badge (CIB) and that his records be corrected to reflect his award of the Bronze Star Medal (BSM).

3.  The applicant states, in effect, that he should have been awarded the CIB and that his records should reflect his award of the BSM.  In support of his application he submits a copy of his orders and citation for the BSM. 

4.  The applicant’s military records show that he was inducted on 9 December 1966 and served until he was honorably discharged on 5 November 1967, to accept a commission as a second lieutenant (2LT).

5.  He was commissioned as a United States Army Reserve (USAR) infantry 2LT
on 6 November 1967, upon graduation from officer candidate school (OCS) with a concurrent call to active duty.  He successfully completed his training and was transferred to Fort Bragg, North Carolina, where he remained until he was transferred to Vietnam with his unit on 14 February 1968.  His records indicate that he was in Vietnam in a temporary duty status for 6 months as a         counter-insurgency and special projects officer.  He was assigned to the 505th Infantry, 82nd Airborne Division.  He departed Vietnam on 30 August 1968 for Fort Bragg.

6.  Subsequent to his return, he volunteered for and was accepted for rotary wing flight training.  He successfully completed his training and was transferred back to Vietnam on 26 April 1970, for duty as an aviator.  He initially served in the 179th Aviation Company and was subsequently transferred to the 180th Aviation Company.  He completed his tour in Vietnam on 21 April 1971 and was transferred to Fort Hood, Texas, where he remained until he was honorably released from active duty (REFRAD) in the rank of captain, at his own request.  He had served 5 years, 7 months and 22 days of total active service and was awarded the Parachutist Badge, the Republic of Vietnam Campaign Medal, the Army Aviator Badge, the Vietnam Service Medal with one silver service star, the Army Commendation Medal, the Air Medal and the Distinguished Flying Cross.

7.  The orders and award citation provided by the applicant show that he was awarded the BSM on 13 August 1970, for the period of 26 April to 29 July 1970, for meritorious achievement in ground operations against hostile forces.  He was a captain at the time.

8.  A review of the applicant Official Military Personnel File (OMPF) fails to show that he was ever awarded the CIB or that he met the regulatory requirements necessary to be awarded the CIB.

9.  Army Regulation 672-5-1, in effect at the time, established the criteria for award of the CIB.  It states, in pertinent part, that to be eligible for the CIB, an individual must be an infantryman with an infantry military occupational specialty (MOS) and must perform duty as an infantryman, as a member of an infantry unit of brigade or smaller size, during any period in which that unit was engaged in ground combat.  Battle participation credit alone is not sufficient.

10.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Table 1 (Army Units in Numerical Order) of the pamphlet indicates that the applicant’s unit was subsequently authorized awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation (RVNGC w/Palm) and the Republic of Vietnam Civil Actions Honor Medal – First Class Unit Citation (RVNCAHM-FC) during the period he was assigned to the unit.  

CONCLUSIONS:

1.  Although the evidence of record does show that the applicant was an infantry second lieutenant while assigned to an infantry unit in Vietnam, there is no evidence to show that he met the criteria for award of the CIB.  His records simply indicate that he was a counter-insurgency and special projects officer during his 6 months in Vietnam.  Therefore, absent evidence to the contrary, there appears to be no basis to award him the CIB.

2.  However, the applicant has provided the evidence necessary to support his contention that his records should show his award of the BSM during his second tour in Vietnam.

3.  Additionally, the applicant's units were subsequently awarded the RVNGC w/Palm Unit Citation and the RVNCAHM-FC Unit Citation.  Therefore, would be in the interest of justice to award him those awards at this time and correct his records accordingly. 

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by awarding the individual concerned the RVNGC w/Palm Unit Citation, the RVNCAHM-FC Unit Citation, and by showing that he was awarded the BSM as well.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__rjo  ___  __gw____  __rvo ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Raymond V. O’Connor, Jr.__
		        CHAIRPERSON

INDEX

CASE ID	AR2002078375	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/02/13	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  157	107.0111/CIB	
2.  140	107.0094/RVNGC	
3.  141	107.0095/RVNCAHM	
4.  60	107.0014/BSM	
5.  189	110.0000/CORR 214	
6.